Archidrome Pty Ltd v Blacktown City Council [2024] NSWLEC 1286

Archidrome Pty Ltd v Blacktown City Council [2024] NSWLEC 1286

The agreed decision was within power because the modified development was substantially the same development as originally granted and subsequently modified, the built form changes were minor, there was no change to the proposed use or generally to the external appearance of the approved building, the development would have the same height, similar bulk and scale and the same number of residential units, notification produced no submissions, owner consent was provided, and the relevant SEPP and planning controls were addressed. The Court therefore disposed of the proceedings in accordance with the parties' agreement and modified the development consent.

Jurisdiction
Australia
Judgment Date
30 May 2024
Procedural Posture
Class 1 Development Appeal / Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Following Deemed Refusal of Modification Application No. DA 21 00897; Orders Made After Agreement at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Development Consent No. DA-21-00897 was modified.
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Preconditions' 'substantially the Same Development' 'public Notification' 'basix' 'state Environmental Planning Policies']
['planning and Environment Law' 'development Consent Modification' 'land Use and Subdivision'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Preconditions' 'substantially the Same Development' 'public Notification' 'basix' 'state Environmental Planning Policies']

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Procedural Posture

Class 1 Development Appeal / Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Following Deemed Refusal of Modification Application No. DA 21 00897; Orders Made After Agreement at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the proposed modification was substantially the same development as the development for which consent was originally granted and subsequently modified.' 'Whether required notification, owner consent and relevant statutory planning controls were satisfied.' 'Whether Development Consent No. DA-21-00897 should be modified in accordance with the amended Modification Application and agreed conditions.']

Ratio Decidendi

The agreed decision was within power because the modified development was substantially the same development as originally granted and subsequently modified, the built form changes were minor, there was no change to the proposed use or generally to the external appearance of the approved building, the development would have the same height, similar bulk and scale and the same number of residential units, notification produced no submissions, owner consent was provided, and the relevant SEPP and planning controls were addressed. The Court therefore disposed of the proceedings in accordance with the parties' agreement and modified the development consent.

Court Disposition

The appeal was upheld and Development Consent No. DA-21-00897 was modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA-21-00897 is modified in the terms in Annexure A.' 'Development Consent No. DA-21-00897 as modified by the Court is Annexure B.']